Father Not Charged In Son's Accidental Death

Prosecutor Finds No Malice In Death Of Baby Left In Suv

HAMPTON — Kevin Shelton was not "consciously aware" he left his 9-month-old son in back of his Ford Explorer when he went to work at NASA Langley the morning of May 18.

That lack of awareness Thursday led prosecutors to a decision not to file charges in the death of Benjamin Cade Shelton, who died from the high temperatures in the back seat of a sport utility vehicle.

Commonwealth's Attorney Linda Curtis announced the decision Friday after investigators took a look at the final autopsy results and after studying prior criminal cases.

Benjamin Shelton was left in the back of the Explorer on the NASA Langley grounds for nearly eight hours while his father was at work. The baby was pronounced dead after Shelton discovered the body when he came out of the building at 2:35 p.m. and rushed the boy to an emergency clinic at NASA.

An autopsy revealed that the child died of hyperthermia, an overheating of the body. Investigators said there was nothing in the autopsy - or in medical records or at the Shelton family home in York County - to indicate the death was anything more than an accident.

"There was no evidence to suggest that the child was otherwise abused or neglected," Curtis said.

Almost from the start, police said the death appeared to be a tragic accident. But also from the start, the death of Benjamin Shelton inflamed the passions and provoked opinions of many in the community.

Shortly after news accounts of the death, the Daily Press was inundated with telephone calls and e-mail messages. Several expressed sympathy for Shelton, 33, and his 32-year-old wife, Della.

Many wanted to know where to send cards or flowers. Others shared their own experiences of forgetting children in vehicles. They empathized with Kevin Shelton. They said it can happen, even to good parents.

"My heart goes out to that family," said a Hampton woman. "Nothing anyone can say will bring that baby back."

A great number people who contacted the newspaper however, were less compassionate. They demanded an explanation about how Shelton could forget his son for an entire workday.

Curtis' explanation that Shelton was unaware that his son was suffering and dying in the Explorer did not convince everyone that charges should not be filed.

"Was it because he was sorry?" Dorothy Glass of Hampton, wanted to know. "Many parents regret neglecting their children... But those individuals are charged."

Curtis said her office does have the capacity for sympathy when examining the elements of a case However, it doesn't necessarily influence their decision whether to file charges.

"Compassion is something everyone feels for a bereaved parent," Curtis said. "But that's really not part of the analysis."

In order to prosecute Shelton for child neglect or endangerment, Curtis would have to prove the father was aware that he left his son in the vehicle.

"There is no evidence which suggests that awareness," she said. "In fact, the investigators have concluded that he was unaware of his son's presence."

Glass, who has followed the case through the media was not convinced: "Even if it's not willful, it's still wrong," she said. "I just can't imagine that happening."

Curtis said the investigation revealed that Kevin Shelton was not normally responsible for dropping his son off at the day-care center. His wife's car was being repaired, which forced them to change their routine the day Benjamin died, Curtis said.

Still, the prosecutor said she is aware of the prevailing question: How could a father be unaware of his son left behind in the Explorer for nearly eight hours?

"That is a perfectly understandable question and one which, I am sure, Mr. Shelton asks himself daily," she said.

Kevin Shelton is an engineer at NASA Langley Research Center. His wife works at Langley Air Force Base. Both have returned to work.

"This has been a very difficult couple of months for the more than 3,800 employees at NASA Langley," said NASA Spokeswoman Kathy Barnstorff. "Hopefully, today's announcement will help everyone to move forward."

Mark LaFlamme can be reached at 247-7870 or by e-mail at mlaflamme@dailypress.com